Melrose City February 23, 2017

The Melrose City Council met in a Regular Meeting on Thursday, February 23, 2017 at 5:30 p.m. at the Melrose City Center pursuant to due notice being given thereof. Present were Council Members Dick Christenson, Tony Klasen, Josh Thieschafer, Justin Frieler, Mayor Joe Finken, City Administrator Mike Brethorst, and City Clerk Patti Haase. Mayor Finken presided thereat.
The Council then recited the Pledge of Allegiance.
A motion was made by Mr. Christenson seconded by Mr. Klasen and unanimously carried to approve the agenda as amended.
Mayor Finken then opened the floor to public comment. There were no comments
The following items were considered for approval under the Consent Agenda:
• the minutes from the Council’s January 19 Regular Meeting
• list of bills in the amount of $1,021,715.50 (See attached list)
• list of investments for the month of January (See attached list)
• Resolution No. 2017-12, Resolution Approving Gambling License to the Melrose Knights of Columbus Council 1633 for an exemption from lawful gambling license to conduct a raffle on June 18, 2017, St. Mary’s School, 320 5th Ave SE, Melrose MN.
A motion was made by Mr. Thieschafer, seconded by Mr. Frieler and unanimously carried to approve the Consent Agenda items.
City Administrator Brethorst stated the Council was scheduled to hold a Public Hearing. to determine if conditions identified on the properties located at:
125 Main Street West, Melrose, MN, and
530 Main Street East, Melrose, MN
are a public nuisance and consider issuing orders to abate the nuisances.
City Administrator Brethorst presented the Affidavit of Publication of the Hearing Notice was published February 8, 2017.
Mayor Finken noted that the properties have come into compliance and therefore the Public Hearing will not be held.
Police Chief Craig Maus presented the Police Department’s January report. He noted there were 248 calls for service during that month, compared to 335 for January 2016. A total of 15 citations were written for the month of January. For the month of January 2017, the Department received 22 agency assist calls.
Planning and Development Director Creelman reported on the Planning and Zoning Commission’s February 6 Regular Meeting. Mr. Creelman noted that the Commission is recommending that staff annually send letters to all commercial and industrial property owners about generic violations and ways to mitigate the issues. This would correlate with the process used for residential property. The Commission, also discussed revising City Zoning Ordinance to include definition and rules for portable storage units. The Commission has requested staff and City Attorney Dymoke to provide a sample ordinance for them to review.
Commission member Thieschafer made an inquiry regarding the fencing that was installed around the demolished section of the 400 Block. Mr. Thieschafer expressed concern so as the fence does not become a long-term solution. Mr. Creelman stated that they anticipate the fencing to be removed by July 1, 2017. Council member Thieschafer requested that staff revisit this in June to assure that this occurs on or before July 1.
City Attorney Scott Dymoke reported on projects he has been working on for the City:
• Community Development-JOTS Project: Prepared notice exercising option on Eich/Englebretson property. Obtained final survey information for waterline extension and prepared utility easement. Discussed closing arrangements with JOTS representatives.
• Nuisance Actions: Prepared and forwarded to City staff proposed City Council Orders directing abatement of nuisance conditions on Hernandez and Baptiste properties. Filed Notice of Motion and proposed Orders to Abate Nuisances on Kraker property with Court Administrator. Attended hearing on Rodriquez nuisance and obtained order to abate from court.
Mayor Finken noted that MADA at its January 12 meeting nominated Bob Mayers to be reappointed as the MADA representative to the Parks and Recreation Board for a three-year term. The Planning and Zoning Commission, at its February 6 Meeting, nominated Adam Paulson for reappointment as the Planning and Zoning representative on the Parks and Recreation Board. This would also be a three- year term.
A motion was made by Mr. Christenson seconded by Mr. Klasen and unanimously carried reappointing Bob Mayers as the MADA representative and Adam Paulson as the Planning & Zoning Representative to the Parks and Recreation Board each for a three-year term.
Mayor Finken stated that in accordance with Federal Regulatory requirements, the Melrose Utilities Commission is the responsible maintaining the Flood Mitigation program for the Melrose Waste Water Plant. Furthermore, as the Utilities is a legal entity under the law, it must designate a responsible party to maintain its assets in the event by public referendum, the Commission were to be dissolved, the duties to maintain the levy would then be required to fall to the Municipal organization that created it. As per S.E.H., the Utility Commission must formally designate the City to allow for the certification of the improvements made for the Flood Mitigation program. The Melrose Public Utilities Commission at its February 13 meeting adopted Resolution No. 2017-11 Designation of Responsibility for Care and Operations of Flood Mitigation.
Council Member Thieschafer introduced Resolution No. 2017-11 Designation of Responsibility for Care and Operations of Flood Mitigation. The motion was seconded by Mr. Frieler with a roll call vote recorded as follows: For: Council Member Thieschafer, Frieler, Christenson, Klasen, and Mayor Finken; Against: None.
Mayor Finken stated that the City of Melrose has adopted its Well Head Protection Plan in 2015. This plan states that we will work with the local fire department, MNDOT, Stearns County Emergency Management, Stearns County Highway Department and Melrose Emergency Management to develop and implement a spill response plan. It also states that we will utilize MDH Implementation funding as appropriate to purchase abatement equipment. The Department of Health will fund up to $10,000 with no local match. After consulting the Melrose Fire Chief and Melrose Water and Waste Water Supervisor, it is recommended to seek funds to pay for a trailer to store the various spill prevention equipment that we have plus to purchase adequate damming and diking equipment. This grant would allow the City to do this. The Grant is written to support the purchase of an enclosed trailer and four HAZMAT suits. The total estimated cost for this is 11,500. The additional $1,500 would come from the Fire Department Equipment Budget. Life safety short term rescue. The cleanup is still the property owners responsibility.
Council Member Klasen introduced Resolution No. 2017-13 Source Water Protection Plan Implementation Grant. The motion was seconded by Mr. Thieschafer with a roll call vote recorded as follows: For: Council Member Klasen, Thieschafer Christenson, Frieler and Mayor Finken; Against: None.
Mayor Finken noted that Melrose Multi-Family LLC has entered into a Land Option with the City of Melrose for the purpose of consideration of construction of a 32-unit Market Rate Apartment. Efforts have been made that include, preliminary site plans, concept design, initial coordination with various regional agencies. The Response Action Plan has been completed and a Civil Engineer and Architect has been selected for the project. Melrose Multi-Family LLC has provided an updated timeline. City staff has reviewed this timeline and concurs with the milestones.
A motion was made by Mr. Frieler, seconded by Mr. Christenson and unanimously carried allowing a 3-month extension to the land option to allow time to complete the plans, go through the CUP and Variance process and exercise the agreement.
Mayor Finken stated that the City of Melrose is purchasing a new Ambulance to replace the 2001 Ford Ambulance. Efforts were made to maximize the sale of the old ambulance. After consulting with Jenn Tschida, whom consulted with Everest Emergency Vehicles, our vender we are purchasing our new ambulance, they are willing to buy the Ambulance as is with for $3,000. Due to the age of the rig and work required to make it a neutral ambulance without our decals, it is assessed by Jenn that this would be the most cost effective way to dispose of the rig.
Mr. Klasen questioned if it would receive a better offer if it was sent out for bids. City Administrator Brethorst stated that prior to sending out to bid all equipment and decals would need to be removed and vehicle would need to be stripped. It was staff’s recommendation to trade the vehicle in as is with the builder.
A motion was made by Mr. Thieschafer, seconded by Mr. Frieler and unanimously carried authorizing the trade-in of the 2001 ambulance to Everest Emergency Vehicles for $3,000.
Mayor Finken noted that during the January 19th Council meeting a review of the 3rd Avenue W Project was conducted by the Council. This project includes the resurfacing of 3rd Avenue SW from 100’ north of Kraft Drive to Main Street and 3rd Avenue NW from Main Street to 1st Street NW and a 50’ patch near the Munson Feed elevator entrance to 3rd Avenue. A resurfacing project includes the reclamation of the existing bituminous surfacing and Class 5 base for reuse as aggregate base in a new pavement. The estimated ADT for the street is 3,000 vehicles per day and an anticipated 20-year growth rate at 3% per year. The proposed pavement design will provide a 10-ton pavement section with a design life to 20 years.
As per the direction of the Council, 6 core samples were taken. Of those 6 all were suitable for a resurfacing project. A review of the existing storm sewer catch basins was conducted of which several needed repairs. Estimates have been prepared to repair these and during construction a physical exposed inspection will occur and it will at that time be determined to repair or replace. A review for cement in front of the Munson Feed Mill was conducted. It was estimated to cost upwards of an addition 20K to place cement here. Additionally, it would take 3-4 days to cure vs. adding an additional lift
A motion was made by Mr. Klasen, seconded by Mr. Thieschafer and unanimously carried authorizing WSB & Associates to obtain bids for the full project to include Munson Feed street issues.
Mayor Finken stated that the City approved seeking bids for the 2017 Chip Seal Project at its January meeting. Because the project is estimated to be under the $100,000 threshold, competitive bidding requirements are not applicable and obtaining bids from a minimum of two qualified bidders is acceptable. WSB would send request for quotes to a minimum of four contractors that have provided quotes to the city in the past. However, due to e-mail issues and junk mail, WSB did not receive quotes from the historic vendors
WSB is requesting authorization to reject all bids and rebid the project. Council Member Thieschafer expressed his concern as to how the bid was conducted and how it reflected poorly on WSB & Associates and the City.
After further discussion, a motion was made by Mr. Thieschafer, seconded by Mr. Frieler and unanimously carried to reject all bids and seeks quotes as outlined through the formal bid process.
Mayor Finken stated that as per direction of the City Council at its January 19, 2017 City Council meeting, the Council directed the City explore temporary contracting for Police Service with Stearns County Sheriff’s Office. The term of contracted service would be from February 23, 2017 – April 28, 2018. This is same period that is anticipated that Officer Matt McDonald would be on Military Leave. Both the County and City can terminate the agreement with a 30-day notice clause. The 2017 cost for this service is $55 per hour which includes car, officer, insurance and associated reporting. The 2018 costs will be determined no later than September 1, 2017. The Sheriff’s office will perform all duties of a Melrose Officer accept for the enforcement of City Nuisance and Code violation.
A motion was made by Mr. Christenson, seconded by Mr. Klasen and unanimously carried to contract with the Stearns County Sheriff’s office for police services.
Chief Craig Maus and Scott Dymoke attended the hearing on the motion for summary enforcement of the Council’s order to the property owner of 31 Rose Park SW to clean up his property. Judge Kundrat granted the motion and issued the order. The property owner has until Friday, February 24th at 5:00 p.m. to clean up his property. After that the City can enter the property, abate the problem and assess the costs of abatement.
A motion was made by Mr. Christenson, seconded by Mr. Frieler and unanimously carried authorizing staff to abate the nuisance.
Mayor Finken stated that the Council at its January 5 Special Meeting, initially discussed options to resolve the planned military leave for one of the City’s Police officers. Multiple options were discussed. The direction at this meeting was to explore funding in great depth to fund policing and action was tabled till the next meeting. At the January 19th Meeting, the Council explored all options and it was determined that the City should explore contracting with Stearns County as a temporary solution till the Officer returns from Military leave and to utilize part-time staff.
The County has been contacted and they have proposed a contracted solution and the Council will formally consider this temporary staffing solution at its February 23, 2017 Council meeting. In accordance with Article 26 of the Police LELS contract, the Union has the right to comment on staffing. The City Administrator, Police Chief and HR Coordinator met with LELS and heard their comments. A copy of those minutes has been provided to the Council separately.
Since that time, Police Officer Baros has submitted his letter of resignation from the Melrose Police Department effective 03/01/2016. The Council at its February 21 Special Meeting reviewed the comments from LELS and discussed at length the police department staffing. The Council requested that this matter be further reviewed at the February 23 Council meeting to consider reverting to a five-member department as requested by LELS and the Melrose Police Department and to look at funding mechanisms.
Finance Director Beuning stated that she had reviewed the 2017 adopted budget and received input from a Council Member. In total, approximately $120,000 has been found to potentially add to the budget. This would allow for wages and benefits for an additional officer, as well as leave room for potential labor negotiations. Ms. Beuning identified such areas as increasing revenues on cable franchise fees and court fine budget to be reflective of the prior year’s earnings, remove city intern, reduce school and travel, along with several other budget cuts. Ms. Beuning stated that by implementing these changes or ones similar the budget would not run at a deficit or negatively impacting the 2018 budget. The final determination to fund the officer for 2018 will be determined during the 2018 budget cycle. The Department would continue to operate on a four person staffing model till such time Officer McDonald would return to work.
Mr. Klasen expressed his concern for budget cuts and that adding the 5th officer is difficult to entertain at this time. Council Member Klasen stated that looking at the economic indicators and the fact that the future economic outlook does not look promising he is reluctant to support the addition of a fifth officer now.
Mr. Finken made a motion to move to a five officer police department.
Mr. Christenson stated that from his perspective it is important to have a police department that is engaged and committed to the community and not overworked so they look elsewhere. Society has changed over the past 5-10 years and the type of calls and the anti-police climate puts the officers more at risk.
Mr. Thieschafer stated that the general and consistent message he has received from the public is that they do not want to pay any additional taxes.
Mr. Klasen noted this is not a onetime expenditure and is not easy to change.
After further discussion Mr. Finken brought back to the table his motion to move to a five-officer department. The motion was seconded by Mr. Christenson with a roll call vote recorded as follows: For: Council Members Christenson, Frieler, and Mayor Finken; Against: Council Members Klasen, and Thieschafer.
Administrator Brethorst noted that he has heard recommendation HR and LELS. Based on comments and weighting several factors, it his recommendation that the job position be posted immediately and that it be posted externally.
A motion was made by Mr. Christenson to post the position externally and immediately. The motion was seconded by Mr. Frieler with a roll call vote recorded as follows: For: Council Members Christenson, Frieler, and Mayor Finken; Against: Council Members Klasen, and Thieschafer.
The Local Board of Appeals and Equalization meeting with Stearns County Assistant Assessor is scheduled for Thursday, April 20 at 4:30 p.m. Please note the date and time as a quorum is required for this meeting.
City Administrator Brethorst noted that Stearns County will be seal coating portions of County Roads 13 and 64. The County pays for seal coat for the center 24 feet and the City pays for the shoulders. Annually, the City is paid by Stearns County to crack seal and perform basic maintenance of the County State Aid Roads that are in the City limits. It is estimated that the City share of these seal coat costs are: 5K for County RD 64/170 and 10K for County RD 13. This is a standing agreement amongst all Cities with County.
Mayor Finken stated that full-time Officer Aaron Baros has submitted his letter of resignation from the Melrose Police Department effective 03/01/2016. According to Article 23 of the Law Enforcement Labor Services Bargaining Agreement, the employer (City) may fill permanent vacancies by posting internally or externally for applicants. Staff has conducted a full review of the position to include, contracting, absorbing and one for one replacement. After this review, it is recommended to replace the position one of one.
A motion was made by Mr. Frieler, seconded by Mr. Thieschafer and unanimously carried authorizing staff to move forward with the hiring process, posting the position internally.
The following informational items were discussed:
Charter Communication Correspondence: Price Adjustment. Also Charter Communication is making to changes to the channel lineup for customers in the community. Effective on or after February 14, 2017
• Baby First TV will launch on Channel 109, Digi Tier 1 (Silver)
• NBA TV will launch on Channels 432 and 817 (HD), Digi Tier 1 (Silver)
Correspondence from the Initiative Foundation
Utilities Commission’s January 9 Regular Meeting minutes.
Building Permit Summary Log for Fourth Quarter/Year End 2016.
The total number/value of building permits issued in the fourth quarter for each of the past five years were:
2016 2015 2014 2013 2012
24 27 15 30 30 $2,025,257 $468,989 $736,771 $3,626,390 $242,187
A motion was made by Mr. Christenson, seconded by Mr. Klasen and unanimously carried that the meeting be adjourned at 7:10 p.m.
Patricia Haase, City Clerk